APPROVED CHAPTER
JUNE 8, 2021 96
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 18 - L.D. 52
An Act Regarding Collective Bargaining Negotiations by Public Employers
of Teachers
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §965, sub-§1, ¶C, as amended by PL 2009, c. 107, §5, is further
amended to read:
C. To confer and negotiate in good faith with respect to wages, hours, working
conditions and contract grievance arbitration, except that by such obligation neither
party may be compelled to agree to a proposal or be required to make a concession and
except that public employers of teachers shall in accordance with subsection 1-A meet
and consult but not negotiate with respect to educational policies, except that
educational policies related to preparation and planning time and transfer of teachers
are permissive subjects of negotiation; for the purpose of this paragraph, educational
policies may not include wages, hours, working conditions or contract grievance
arbitration;
Sec. 2. 26 MRSA §965, sub-§1-A is enacted to read:
1-A. Meet and consult. The obligation of public employers of teachers and the
bargaining agent to meet and consult under subsection 1, paragraph C is governed by this
subsection.
A. A public employer of teachers shall give written notice to the bargaining agent
when a change in educational policy is planned by the public employer of teachers.
Upon receipt of the written notice, the bargaining agent may initiate the meet and
consult process by notifying the public employer of teachers, including the
superintendent. The public employer of teachers may also initiate the meet and consult
process by notifying the bargaining agent.
B. The public employer of teachers shall, upon receipt of a request from the bargaining
agent, provide to the bargaining agent information necessary for the bargaining agent
and the employees to understand the planned change and make suggestions or express
concerns about the planned change.
Page 1 - 130LR0278(03)
C. When notice to initiate the meet and consult process is given under paragraph A,
authorized representatives of the public employer of teachers and the bargaining agent
shall meet and consult at reasonable times and places about the planned change. The
parties shall meet and consult openly, honestly and in good faith, and the public
employer of teachers shall consider the employees' suggestions and concerns.
D. The authorized representatives of the public employer of teachers shall give full
and fair consideration to the employees' suggestions and concerns before the change in
educational policy is implemented, and the public employer of teachers shall decide in
good faith whether employees' suggestions or concerns can be accommodated.
E. The bargaining agent may initiate the meet and consult process by notifying the
public employer of teachers when an existing educational policy of the public employer
is changed by practice or if the written notice required under paragraph A is
inadvertently omitted.
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Statutes affected:
Bill Text LD 52, HP 18: 26.965
Bill Text ACTPUB , Chapter 96: 26.965